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opments on small lots without a variance.
<br />Further, the ordinance can provide relief
<br />for off-street parking to existing structures
<br />that would greatly unburden new small busi-
<br />ness owners by exempting existing structures
<br />entirely from parking when the structure does
<br />not have space. When current structures do not
<br />provide any parking due to lack of sufficient
<br />lot space, they are exempted from all off-street
<br />parking requirements regardless of any change
<br />in intensity or use. This exemption remains
<br />valid until the principal building is demolished
<br />or the lot area is expanded (e.g., the adjoining
<br />lot is purchased).
<br />KNOWING ZONING'S ROLE
<br />Zoning isn't the panacea to all the issues faced
<br />by small businesses, but it is an important
<br />component. To that end it is important to un-
<br />derstand what zoning can and cannot do. The
<br />following provides an understanding ofthe
<br />importance and limitations of development
<br />regulations.
<br />What are zoning's strengths when it
<br />comes to supporting small businesses?
<br />• Zoning can incorporate a flexible use
<br />structure that welcomes innovation in new
<br />businesses.
<br />• Zoning provides a way to sort uses into ap-
<br />propriate districts, where certain uses are
<br />more acceptable than others. For example,
<br />not all neighborhood commercial districts
<br />may be appropriate for a proliferation of
<br />brew pubs and microbreweries. Close
<br />proximity to residential neighborhoods may
<br />cause conflicts with neighbors. Therefore,
<br />a community may want to create two types
<br />of neighborhood commercial districts —one
<br />that allows primarily retail and service uses,
<br />and a second that also allows local alcohol
<br />production and service.
<br />• Zoning can control the off -site impacts of a
<br />use through selectively designating special
<br />uses and including conditions for certain
<br />uses if they wish to locate within an area.
<br />• Zoning can include districts that make it
<br />easier for small businesses to cluster. The
<br />'standards for these districts should encour-
<br />age a building form that maximizes exposure
<br />to pedestrian traffic. There should be a clear
<br />distinction in physical form and hierarchy
<br />between a local commercial district, where
<br />the siting of the structure would be oriented
<br />more toward the pedestrian, and the re-
<br />gional commercial district, where buildings
<br />would be set back further from the street
<br />and parking may dominate the site.
<br />• Zoning can incorporate flexible develop-
<br />ment standards, such as parking exemp-
<br />tions, to avoid requiring special approvals,
<br />such as variances.
<br />Zoning isn't the panacea
<br />to all the issues faced
<br />by small businesses,
<br />but it is an important
<br />component. To that
<br />end it is important to
<br />understand what zoning
<br />can and cannot do.
<br />What is outside of zoning's control? '
<br />• Zoning does not regulate the quality of
<br />a use or operator. This must be enforced
<br />through other regulations, such as licenses
<br />and nuisance ordinances. Sometimes resi-
<br />dents' concerns are that they like a certain
<br />use when run by Operator A, but not Opera-
<br />tor B. Zoning cannot make this distinction.
<br />• It is important to note that while zoning can
<br />allow fora range of uses, there must be
<br />a market for those uses in order for small
<br />businesses to succeed. It may take other
<br />initiatives, such as economic incentives,
<br />to spur this type of investment. And even
<br />in such cases, there may be insufficient
<br />demand for the product or service, though
<br />this is a risk all businesses take.
<br />• Zoning does not override regulations from
<br />higher authorities, such as those permits,
<br />licenses, and regulations related to oc-
<br />cupancy limits, alcohol service, and public
<br />health requirements for food production.
<br />To realize the benefits of small busi-
<br />nesses in a community, the municipality must
<br />eliminate the roadblocks within its zoning
<br />regulations.
<br />When a zoning ordinance permits a range
<br />of uses, it can facilitate small business innova-
<br />tion, make it easier for small businesses to
<br />establish themselves and take root, and send
<br />a message that small businesses are welcome
<br />within the community.
<br />Then, when zoning acknowledges the
<br />physical form of small businesses and does not
<br />force standards upon them that they cannot
<br />meet, the community becomes more busi-
<br />ness friendly. By taking a look at their current
<br />ordinances and evaluating them through these
<br />lenses, communities can ensure thattheirzon-
<br />ing regulations encourage the growth of new —
<br />and the success of existing —small businesses.
<br />ABOUT THE AUTHOR
<br />Arista Strungys, mg., is a principal at Camiros,
<br />Ltd. Her area of expertise is zoning and devel-
<br />opment regulations, and she has worked with
<br />communities across the country of all sizes in
<br />drafting development regulations. She is expe-
<br />rienced in all types of regulatory techniques,
<br />including traditional controls, form -based
<br />coding, design guidelines, and sustainable
<br />development.
<br />Cover photo: mum_ble/Thinkstock
<br />Vol. 33, No. 7
<br />Zoning Practice is a monthly publication of the
<br />American Planning Association. Subscriptions are
<br />available for $95 (U.S.) and $12o (foreign). James
<br />M. Drinan, JD, Executive Director; David Rouse,
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<br />Services. Zoning Practice (ISSN 1548—o135) is
<br />produced at APA. Jim Schwab, FAICP, and David
<br />Morley, AICP, Editors; Julie Von Bergen, Senior
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